Trust vs Will??

[dosumi]

What is the name of your state? CA

Which takes presences a Trust or a Will, when they conflict?

I removed some info per request of the party involved.

There are also a lot of errors in both documents. All kind of typo_s, names spelled wrong and written and numerical percentage values don_t match.

My main suggestion to the person going through all this is to go to a different Lawyer.

Thks

 

[tranquility]

Trusts and wills apply to the property they cover. There can be no conflict. Who owns the rental property, the deceased's estate or the trust?

Wills give the property to the heirs. They cannot tell the heirs what to do with the property, they can only suggest.

See an attorney. Let him look at the actual documents and how things are titled and let him guide you on your course of action.

 

[dosumi]

Thanks for the info.

Unfortunately there are conflicts in statements between the two documents.
Both the trust and the will show how the assets of the deceased are to be distributed. Not the same people and not the same %, but the same assets ?

I removed some info per request of the party involved.
The attorney of the deceased that setup the Trust and Will, was the person advising the trustee.
I personally don't think he did a very good job.

An appointment was made with a recommended attorney.

thanks again

 

[tranquility]

If the property is titled in the trust, the will has nothing to do with it even if it lists it specifically. If the property is not titled in the trust, the trust has nothing to do with it (with the exception of a Heggstad petition which is beyond this question) no matter what the trust says. The trust and the will cannot conflict by definition. One is wrong as to that portion of the property if there is an apparent conflict.

 

[dosumi]

Thanks for the info.

Going to another attorney has helped a lot.
And yes the trust and the will conflict, but he says the trust is the document to go by for all the assets.

The deceased attorney really screwed it up.
I won't go in to all of it.
But I do have another question,
How long do you have to sell the assets?
We were told that you have 9 months to pay the taxes on all the assets.
How do you pay them if the assets are not sold yet.